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Johnson Evan Gicheru v. Andrew Morton & Michael O'Mara Books Ltd

(2005) JELR 100769 (CA)

Court of Appeal  •  Civil Appeal 314 of 2000  •  14 Oct 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 314 OF 2000

JOHNSON EVAN GICHERU.....................................................APPELLANT

AND

ANDREW MORTON.....................................................1ST RESPONDENT

MICHAEL O’MARA BOOKS LIMITED...............................2ND RESPONDENT

(An appeal from the Judgment and Decree of the High Court of Kenya at

Nairobi (Aluoch, J) dated 28th

September, 2000

JUDGMENT TUNOI, J.A.

This is an appeal from a judgment of the High Court of Kenya at Nairobi (Aluoch, J) given on 28th September, 2000 by which the plaintiff, now the appellant, was awarded a sum of Shs.2,000,000.00 as general damages and Shs.250,000.00 as exemplary damages for libel on the publication of a book.

The sole question for decision in this appeal is whether the awards made by the learned trial Judge were inadequate and, if so, what are the proper sums to be substituted for them. It is argued with great force by Mr. Ngatia, counsel for the appel…

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